Haw. Code R. § 11-94.2-27

Current through November, 2024

Section 11-94.2-27 - Resident rights and facility practices

Written policies regarding the rights and responsibilities of residents during the resident's stay in the facility shall be established and shall be made available to the resident, resident family, legal guardian, surrogate, sponsoring agency or representative payee, and the public upon request A facility must protect and promote the rights of each resident, including:

(1) The free exercise of rights as a resident of the facility and as a citizen or resident of the United States;

(2) The right to be free of interference, coercion, discrimination, and reprisal from the facility that shall include the right to be free of chemical or physical restraints not medically indicated;

(3) The right to be fully informed, both orally and in writing in a language understood by the resident, or in a manner that allows for the resident's understanding, of the resident's rights and all rules and regulations governing resident conduct and responsibilities;

(4) The right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility;

(5) The right to access all records pertaining to the resident, including current clinical records, and to purchase copies of those records at a cost not to exceed community standards;

(6) The right to be informed in a language, or in a manner that the resident understands, of the resident's health status and medical condition;

(7) The right to refuse treatment, to refuse to participate in experimental research, and to formulate an advance directive;

(8) The right to be informed of medicaid benefits and requirements and procedures for establishing eligibility;

(9) The right to names, addresses, and telephone numbers of pertinent resident advocacy groups;

(10) The right to manage the resident's financial affairs to the extent the resident is competent and capable of doing so;

(11) The right to choose a personal physician to the extent the resident is competent and capable of doing so;

(12) The right to be fully informed in advance about care and treatment and of any changes in that care and treatment and the right to participate in planning care and treatment, unless adjudged incompetent or incapacitated;

(13) The right to be fully informed, prior to or at the time of admission and during the resident's stay of services available in or through the facility and of related charges, including any charges for services not covered by the facility's basic per diem rate;

(14) The right to personal privacy and confidentiality of personal and clinical records; and

(15) The right to translation or interpretation services or other communication assistance as necessary.

Haw. Code R. § 11-94.2-27

[Eff 9/16/2022] (Auth: HRS §§ 321-9, 321-11) (Imp: HRS §§ 321-9, 321-11)